The Delhi High Court on Thursday, 28 October, pulled up the Uttar Pradesh Police, remarking "UP mein chalta hoga yaha nahi (This might be acceptable in UP, not here)" for arresting the kin of a man who got married to a woman against her family's wishes.
Justice Mukta Gupta remarked, "This will not be permitted here in Delhi. You cannot do illegal acts over here," Live Law reported.
The brother and father of the man were arrested and taken away by the UP Police from the capital in a case of alleged kidnapping, with no prior notice to the the Delhi Police.
As per the couple, who confirmed that they were adults, they had married each other of their own free will in July, and were privy to consistent threats by the girl's family.
Further, the arrests had been made over a month ago, with no information regarding the whereabouts of the man's father or brother.
In view of this, Justice Gupta stated, "Somebody comes to you and you go to arrest people without confirming her age? Whether she is minor or a major," Live Law reported.
The court directed the Station House Officer (SHO) to file a detailed affidavit noting the efforts undertaken by the UP Police to trace the woman and if they came to Delhi, whether intimation of their arrival was made to the local police station before taking any action.
In an order dated 26 October, the court had noted, "One fails to understand when petitioner No.1 is major and has left her parental home of her own free will and married to petitioner No.2 how an offence under Section 366 of IPC (kidnapping, abducting or inducing woman to compel her marriage, etc) and consequential offence under Section 368 of IPC (wrongfully concealing or keeping in confinement, kidnapped or abducted person) is made out.”
The matter will be heard next on 18 November.
(With inputs from Live Law and PTI.)
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